DiReSoM

The Coronavirus pandemic has generated an unprecedented health emergency, that has severely affected our daily lives. Government “alarmed”[1] responses, aimed at limiting the devastating impact of the health crisis “have led to a resurgence of authoritarianism, particularly in Western democracies,”[2] resulting in unimaginable restrictions of fundamental rights and liberties. In this framework, the pandemic has had serious implications on religious freedom, as measures restricting gatherings have deeply affected faith communities’ practices and rituals.
Undoubtedly, in a first phase, the pressing need to safeguard the compelling interests of public health and safety prevailed. However, the pandemic has also emphasized the crucial interplay between competing rights and the courts have often had the difficult task of reaching a reasonable balance between the conflicting claims of individual liberty and preservation of healt.
In the U.S. context, state restrictions on religious freedom claims have been fiercely litigated during the lockdown, resulting in complex dynamics between state governors, federal courts and the US Department of Justice.